This Privacy Policy applies to https://bukupay.ph/, its derivative sites, or applications developed by BukuPay from time to time ("Platform") and constitutes an integral part of the BukuPay Terms and Conditions ("Terms and Conditions") and other provisions related to the use of services or features on the Platform, which are created as the basis for all BukuPay activities in terms of acquisition, collection, processing, analyzing, displaying, sending, opening, storing, changing, deleting and/or any form of management (collectively referred to as "process", "processed" or "processing") related to data or information that identifies or can be used to identify that you provide to BukuPay or that BukuPay collects from you or third parties (hereinafter referred to as "Personal Data").
In this Privacy Policy, We sometimes refer to "You". "You" can mean a visitor to the BukuPay Platform, a User (Merchant) of one or more of Our BukuPay services or Services, or a customer of a User (Merchant). Without overriding the above, definitions or terms starting with a capital letter contained on the Terms and Conditions page are considered to have the same meaning and interpretation as the terms used in this Privacy Policy, unless otherwise specified in this Privacy Policy.
By clicking or checking the agree button or similar statement available on the Platform registration page, you declare that (i) each of your Personal Data is true and valid data; (ii) You have been notified of and understand the provisions of this Privacy Policy; and (iii) You have given valid and explicit consent so that your Personal Data can be processed by BukuPay for processing purposes as intended in this Privacy Policy. In circumstances where you submit Personal Data relating to other individuals or entities, you represent and warrant that you have obtained the consent of such individuals or entities to, and hereby consent on behalf of such individuals or entities to the processing of Personal Data by BukuPay. If you do not agree with the terms or arrangements in this Privacy Policy, you must immediately stop using BukuPay Services on the Platform and take the necessary steps to delete cookies from your computer device after leaving Our Platform.
1. Acquisition and Collection of Personal Data
1.1 When you access the Platform or use BukuPay Services contained within the Platform, you directly or indirectly provide Personal Data to BukuPay. BukuPay also receives Personal Data from various other sources, such as our business partners, including but not limited to, Selected Third Parties (as defined in the BukuPay Terms of Use), and other publicly available sources. We will collect and store your Personal Data as follows:
1.1.1 Data submitted and filed independently by You to BukuPay, including but not limited to data submitted at the time You:
a. create, submit, verify, or update an account on BukuPay, including but not limited to:
(i) individual data concerning your personal information, including among others name, address, telephone number, email address, Philippine Identification Card ("PhilID"), Taxpayer Identification Number ("TIN"), information regarding bank accounts, and/or your photo;
(ii) legal entity or business entity data concerning your legal entity or business entity information, including among others name, address, telephone number, composition of the board of directors, commissioners, information regarding bank accounts, shareholders, financial reports, as well as the identity of directors and commissioners which can be in the form of PhilID or passport or stay permit, TIN;
(iii) details of the Account you created, which include the User/Merchant name (username) and its password, as well as other data submitted to BukuPay;
(iv) other information that can identify You;
b. access the Platform and/or use BukuPay Services, including but not limited to information regarding your history in using Our BukuPay Services, namely data on banks or channels you use, number of transactions, transaction objectives, usage history, and other details;
c. use BukuPay Services that require access permission to relevant data stored on your device;
d. contact BukuPay, including but not limited to, through email, telephone, customer service, or other communication means we provide;
e. respond to surveys sent by Us;
f. participate in any events or activities that We hold;
g. send your reviews, impressions, messages, criticisms and/or suggestions to Us; or
h. other activities that cause you to enter information in connection with Personal Data in any form into the Platform and/or BukuPay Services.
1.1.2 Data recorded when You use the Platform, including but not limited to:
a. real or estimated location data such as Internet Protocol ("IP") address, Wifi geolocation ("GPS"), and other data in connection with location;
b. data on your contact list, including but not limited to, contact name, email address, telephone number, and others;
c. data in the form of the time of each of your activities in connection with the use of the Platform and/or BukuPay Services, including registration time, login, using BukuPay Services for any transaction, and so on;
d. your usage or preference data, including your interactions in using the Platform, saved choices, and selected settings. Such data is obtained using cookies, pixel tags, and similar technologies that create and maintain unique identifiers;
e. device data, including the type of device used to access the Platform, including hardware model, operating system and its version, software, IMEI number, file name and its version, language choices, unique device identifiers, advertising identifiers, serial number, device movement information, and/or cellular network information; and/or
f. log data, including logs on servers that receive data such as the device's IP address, date and time of access, BukuPay Services or pages viewed, application work processes and other system activities, browser type, and/or third-party sites or services you used before interacting with the Platform.
1.1.3 Data obtained from other sources, including but not limited to:
a. data in the form of GPS from Selected Third Parties who also help Us in developing and presenting services within the Platform to you;
b. data or information related to You that We get from where You create or access a BukuPay account, such as social media services, or sites/applications that use BukuPay's API or are used by BukuPay.
1.2 BukuPay can combine data obtained from the sources mentioned above with other data it owns.
1.3 Without overriding Article 1.1 above, BukuPay is committed to collecting and processing your Personal Data only in the minimum amount necessary to provide services to you and achieve specific and legitimate purposes as mandated by applicable laws and regulations ("Applicable Law"). When you use BukuPay Services, We will notify you of the data We need and the reason for its collection. We will not collect excessive and irrelevant Personal Data outside of the Purpose of Use.
1.4 We reserve the right from time to time to request authentication, verification and/or updating of your Personal Data, so that your data and information are accurate, complete, and up-to-date, including to stop or not allow you, either temporarily or permanently, to optimally access certain BukuPay Services in the event you have not performed authentication, verification, and/or updating of your Personal Data.
1.5 By continuing to access the Platform, using BukuPay Services, and/or other BukuPay services, you hereby provide express consent to Us to obtain and collect your Personal Data as described in Article 1.1 of this Privacy Policy, and this consent is given without coercion, in a capable condition, and in a fully conscious state.
2. Accuracy of Your Personal Data
BukuPay aims to store and maintain your Personal Data so that it is always in an accurate, complete, not misleading, up-to-date, and reliable state. Therefore, the accuracy of your personal data depends entirely on the information you provide to Us, and you hereby represent and warrant that:
a. Personal Data that you submit to BukuPay and/or enter into the Platform is precise, complete, accurate data and based on the actual circumstances;
b. You will immediately update the Personal Data previously provided to BukuPay when such data becomes inaccurate, incomplete, misleading, or changes in any way by contacting Us; and
c. You are fully responsible for the Personal Data you submit and you have the full right and authority to submit Personal Data to Us, including you will also release Us from all civil lawsuits or criminal charges arising from misuse of information and/or misleading information in connection with the Personal Data you enter into the Platform and/or BukuPay Services.
3. Use of Personal Data
3.1 Personal Data that BukuPay has collected and obtained will be used fully by Us for your benefit and Ours, in accordance with this Privacy Policy and Applicable Law.
3.2 BukuPay can use such Personal Data for, among others:
a. processing your Personal Data for your needs in accessing the Platform and/or using BukuPay Services;
b. processing all your instructions related to the use of services or BukuPay Services on the Platform given to Us;
c. to verify your identity, through data comparison with the information you include with the Personal Data you provide on the Platform;
d. managing, operating, administering and providing you services offered on the Platform;
e. contacting you regarding matters related to your use and/or access to the Platform and BukuPay Services available on the Platform;
f. adding BukuPay customer service numbers to your contacts;
g. accessing and storing your contact list. The purpose of accessing your Contact List is to notify other users in your contact list that you are also a user of the Platform, send reminder messages for payment, make it easier for you to invite friends to join, and other related matters;
h. to communicate with you in connection with requests for criticism and suggestions or changes that occur in BukuPay Services or services that BukuPay provides to you;
i. notifying information, knowledge, polls, programs, or interesting promotions for You;
j. directing your questions to the appropriate customer service officers to resolve problems;
k. development of the Platform and/or BukuPay Services in order to improve BukuPay services, including using the information obtained for research, analysis, business development, services, marketing strategies, or products and product testing to improve your security and convenience in accessing and using the Platform and/or BukuPay Services, as well as developing BukuPay Services and/or new products;
l. monitoring or investigating every transaction you perform, whether in the form of suspicious transactions or transactions indicated to contain violations of the BukuPay Terms and Conditions, this Privacy Policy, terms and conditions of Selected Third Parties (if relevant), and/or Applicable Law provisions, as well as taking necessary actions as a follow-up to the monitoring or investigation results;
m. enforcing and applying provisions in the BukuPay Terms and Conditions, Service Agreement, service provider partner terms and conditions (if relevant), and/or Applicable Law provisions;
n. In certain circumstances, BukuPay may need to use or disclose your Personal Data for Applicable Law enforcement purposes, including in the event of a dispute or legal process between you and BukuPay, or suspected criminal acts such as fraud or data theft;
o. facilitating corporate transactions such as mergers, sales of company assets, consolidation or restructuring, financing or acquisitions involving BukuPay;
p. making decisions based on automated processing, including profiling actions, where your Personal Data is processed automatically to identify you, including but not limited to employment history, economic conditions, health, personal preferences, interests, reliability, behavior, location, or your movements electronically; and
q. for other purposes notified to you at the time of Personal Data collection as well as other purposes as long as they are carried out in accordance with Applicable Law.
(the above things, collectively referred to as the "Purpose of Use").
4. Sharing of Personal Data to Third Parties
4.1 BukuPay will implement Our best efforts and endeavors to provide protection over the confidentiality of your Personal Data and is committed to not selling, renting, displaying, or distributing your Personal Data without consent from you, unless otherwise specified in this Privacy Policy and based on Applicable Law provisions.
4.2 BukuPay will only disclose your Personal Data to Selected Third Parties upon your consent. You hereby directly provide valid and explicit consent so that BukuPay can provide access, disclose, process, and send your Personal Data to Selected Third Parties for one or all Purposes of Use and specifically in the matters below, including but not limited to:
a. disclosure of your Personal Data is required to partners or other third parties who help BukuPay in presenting the available BukuPay Services or services that will be available in the future on the Platform and processing all forms of your activities on the Platform, including but not limited to, Selected Third Parties, data storage service (cloud) partners, as well as other third parties who help BukuPay to operate;
b. required for disclosure of your Personal Data to vendors, consultants, marketing partners, research firms/institutions, other parties employed by BukuPay, or similar service providers in the framework of marketing activities carried out by third parties, improvement and maintenance of BukuPay service quality, as well as other publication activities;
c. disclosure of your Personal Data is required to BukuPay's group of companies to be able to help provide services or perform data processing for and on behalf of BukuPay;
d. required for disclosure of your Personal Data to other third parties in the event of a corporate action for the group of companies, such as mergers, sales of company assets, consolidation, restructuring, financing or acquisitions.
4.3 In connection with your consent to the processing of Personal Data by Selected Third Parties above, you hereby declare that your consent as intended in Article 4.2 above is given without coercion, in a capable condition, and in a conscious state.
4.4 Apart from the Selected Third Parties intended in Article 4.2 above, BukuPay is hereby authorized to disclose your Personal Data to comply with court orders, requests from Bangko Sentral ng Pilipinas (BSP) or other authorized authorities, or based on Applicable Law provisions. Then if possible and permitted based on Applicable Law provisions, BukuPay will send a notification to you in the event We disclose your Personal Data for purposes as intended in this Article. You hereby directly provide consent in any form to disclose your Personal Data and you allow Us to provide access, disclose and send such Personal Data to Bangko Sentral ng Pilipinas (BSP) or other authorized authorities.
4.5 BukuPay cannot guarantee the security of your Personal Data on any third-party system including Selected Third Party systems. BukuPay also has no control or responsibility over the privacy policies or content of such Selected Third Parties. Therefore, BukuPay suggests that you continue to study and examine the privacy policies of each Selected Third Party, so that you can understand their provisions in handling your Personal Data. To the extent permitted by Applicable Law, you hereby warrant to release BukuPay from any loss or damage arising from the failure of Selected Third Parties to secure your Personal Data.
5. Use of Cookies
5.1 Cookies are small files that will automatically take place within your device that perform the function of storing your preferences and configurations while visiting a site.
5.2 Cookies will record your Personal Data such as the data you enter into the Platform. For example, if you create an account within the Platform, cookies will help Us to remember specific Personal Data for your next visit. When you return to access the Platform, the Personal Data you provided previously will be displayed again, so that the activation of cookies will make it easier for you to access the Platform.
5.3 You can set not to activate cookies on your browser partially or entirely, however, when you do not activate cookies entirely (including essential cookies), the service performance at the time of access to the Platform may be affected, such as certain functions and pages on the Platform not being able to work optimally to provide services to you. To find out more about cookies, including but not limited to management, deletion and seeing what cookies are active, you are encouraged to visit www.aboutcookies.org or www.allaboutcookies.org.
5.4 We reserve the right to use third-party services to analyze Personal Data for Us, such as Google Analytics and other third-party services aimed at the development of the Platform and BukuPay Services. Such third-party services include, among others, the collection of data from your visits and activities during accessing the Platform and using BukuPay Services.
6. Provision of Third-Party Personal Data by You
If you provide Personal Data of someone other than yourself to Us, you represent and warrant to Us and hereby you confirm that:
a. Before disclosing such Personal Data to Us, you will and have obtained consent from the person whose Personal Data is disclosed to Us, to:
i. allow you to disclose that person's Personal Data to BukuPay; and
ii. allow BukuPay to process that person's Personal Data, for the purpose of using Personal Data, as regulated in this Privacy Policy.
b. You legally act on behalf of that person and that you have the authority from that person to provide that person's Personal Data to Us and for Us to process such Personal Data for the Purpose of Use as regulated in this Privacy Policy;
c. We hereby exclude legal obligations arising from the disclosure of Personal Data mentioned above.
7. Your Choices and Transparency
In terms of using the Platform and using BukuPay, We respect you by providing choices and rights for you, which include but are not limited to:
a. You can make changes, complete, and/or correct errors and/or inaccuracies in the Personal Data you included in the Account or you submitted to BukuPay towards profile information on the Account through communication means provided by BukuPay;
b. to the extent permitted by Applicable Law, to obtain a copy of the Personal Data you submitted;
c. You can deactivate or delete your Account along with your Personal Data and reactivate the Account at any time, while still referring to the procedures determined by Us from time to time; and
d. You can withdraw the consent you gave in connection with the processing of your Personal Data by contacting communication means provided by BukuPay. If this happens, then you understand the consequence that you cannot use BukuPay Services or access the Platform as before.
8. Security, Storage and Deletion of Personal Data
8.1 BukuPay will take appropriate steps to protect Personal Data We obtain from unauthorized or illegal processing of Personal Data without your consent. To prevent unauthorized access, disclosure, or other similar risks, we strive, where possible, to implement appropriate technical, physical, electronic, and procedural security measures in accordance with Applicable Law and industry standards to protect and prevent unauthorized or illegal processing of your Personal Data.
8.2 Personal Data that you enter into the Platform as well as We obtain based on provisions in this Privacy Policy will be stored with security procedures and time periods determined in Applicable Law.
8.3 Personal Data can be stored or processed outside the country by Selected Third Parties. In such case, BukuPay will use its best efforts that such Personal Data remains protected in accordance with the legal commitments in this Privacy Policy.
8.4 Although BukuPay has used its best efforts to secure and protect your Personal Data, it should be noted that sending data through the internet is never completely secure. BukuPay cannot fully guarantee the security of any information you provide or send to Us, and the provision of Personal Data by you is a risk borne by you yourself. In the event of interception, unauthorized security breach, and/or other failures that potentially have a negative impact on the confidentiality and protection of your Personal Data, BukuPay will immediately notify you in accordance with Applicable Law provisions and take necessary actions to prevent a greater impact in connection with the failure of Personal Data protection.
8.5 BukuPay does not provide means for you to close your Account on the Platform and Our BukuPay Services. If you want to close your Account, you can submit an Account closure request to Us by including the reason for closure through communication means stated in this Privacy Policy. In the event you perform the closure of your Account, then you consciously understand the consequence that you cannot use BukuPay Services and the Platform as well as other BukuPay services because you are no longer registered as a Merchant. You need to know that even though you are no longer a registered User (Merchant) on the Platform, your Personal Data can still be stored for the period required based on Applicable Law provisions.
8.6 Without overriding other provisions in this Privacy Policy, BukuPay will also delete and/or anonymize your Personal Data that is under BukuPay's control if (i) the Personal Data is no longer needed to fulfill the Purpose of Use; and (ii) storage is no longer needed for compliance purposes with Applicable Law.
8.7 BukuPay has the authority to block and/or destroy your Account based on the BukuPay Terms and Conditions, based on the orders of the authorized agency, determination or court decision, and/or in accordance with Applicable Law. To the extent permitted by Applicable Law, BukuPay will notify you through Our communication means regarding the blocking of your Account.
8.8 Please note that there is still a possibility that some of your Personal Data is stored by Selected Third Parties, including authorized agencies. In the event we share your Personal Data with Selected Third Parties and/or authorized agencies, you agree and acknowledge that the storage of your Personal Data by such Selected Third Parties and/or agencies will follow the data storage policies of each of those third parties.
9. Access and Correction of Personal Data or Withdrawal of Consent
9.1 BukuPay will take reasonable steps to ensure that your Personal Data is processed accurately and completely. Nevertheless, it is important for you to notify BukuPay in a timely manner about any changes to Personal Data or if there are errors in your Personal Data that are under BukuPay's control.
9.2 User (Merchant) has the right to access or correct Personal Data that is under BukuPay's control through the BukuPay help center available in this Privacy Policy. However, such request will only be processed by BukuPay if you have submitted adequate proof of identity to perform access or correction towards such data. BukuPay reserves the right to refuse requests to access, or to correct, partial or all of your Personal Data that BukuPay owns or controls in accordance with Applicable Law. This includes in circumstances where such Personal Data may contain references to other people or where the request for access or request to correct is for reasons that BukuPay considers irrelevant, not serious, or burdensome.
9.3 You can withdraw the consent you have given related to the processing of your Personal Data that is under BukuPay's control by sending such request through the BukuPay help center listed in this Privacy Policy. BukuPay will process such withdrawal of consent request within the time frame determined according to Applicable Law, and subsequently will not further process your Personal Data, unless required by Applicable Law. In the event of a withdrawal of consent, BukuPay may not be able to perform its obligations based on the BukuPay Terms and Conditions and/or other cooperation agreements that may exist between BukuPay and you. In connection with this, there is also a possibility that because BukuPay cannot perform its obligations because you withdrew consent, every legal relationship between you and BukuPay becomes ended and cannot be continued.
10. Limitation of Liability
10.1 You are responsible for security and implementing appropriate safeguards in maintaining your Personal Data such as limiting access, creating a strong password, keeping the password, updating the password from time to time (as necessary), and/or keeping the One-Time Password (OTP).
10.2 We are not responsible for the exchange and/or provision of your Personal Data done yourself by You, including what you do through the Platform.
10.3 The Platform may contain links to other platforms managed by third parties. In the event you use such links, you must understand that We do not have control over those other platforms and/or applications, so you know and warrant that We cannot/will not be held and/or sued for responsibility over the privacy policies of third-party platforms/applications based on such links and suggest you to read the privacy policies of each platform/application you visit that collects Personal Data.
10.4 To the extent permitted by Applicable Law, BukuPay is only responsible for the protection and security of your Personal Data only to the extent of Personal Data stored in the system developed and managed by BukuPay, and BukuPay at all times will perform and take every reasonable step necessary to maintain and protect your Personal Data. By continuing to access the Platform, using BukuPay Services, and/or other BukuPay services, you release the right to claims, losses, demands, and lawsuits that you may have in the event of a failure of Personal Data protection arising from an element of negligence and/or error committed by you yourself in maintaining the security and confidentiality of Personal Data and/or due to the actions of a third party attempting to obtain Personal Data illegally.
10.5 We are not responsible for the authenticity, truth, accuracy and/or completeness of the Personal Data provided by you.
11. Help Center and Complaints Related to Personal Data Protection
11.1 If you have questions, suggestions, comments regarding this Privacy Policy or you want to make a complaint related to the processing of Personal Data under BukuPay's control, please contact BukuPay. BukuPay will be happy to answer questions, listen to suggestions and complaints related to the processing of Personal Data as intended in this article from you, because the protection of your Personal Data is important to Us. You can contact BukuPay through BukuPay Customer Service. You release BukuPay from all civil lawsuits or criminal charges arising from your failure and/or negligence in submitting questions, criticism and suggestions, complaints, or reports in connection with Personal Data that are not through the communication means determined in this Privacy Policy.
11.2 BukuPay will investigate your complaint and strive to provide a response to such questions, suggestions, or complaints within a reasonable period after the report is received by BukuPay. In order for Us to improve BukuPay services, every correspondence between you and Us can be noted or recorded.
11.3 To respond to your questions or complaints, BukuPay can first perform verification on your data. We reserve the right to refuse the processing of your questions or complaints if the data you provide does not match the data stated in the BukuPay system.
12. Miscellaneous
12.1 BukuPay can at any time make changes or updates to this Privacy Policy as part of compliance with Applicable Law and company internal policies. BukuPay will provide notification to you of changes and/or updates in this Privacy Policy. You acknowledge and agree that if you continue to access and use BukuPay and other BukuPay Services and/or do not submit any objections within the period specified by Us since the notification of change is received, then the Merchant is deemed to agree to changes to this Privacy Policy.
12.2 This Privacy Policy is governed by and interpreted according to the laws of the Republic of the Philippines. You agree that any and all disputes arising in connection with this Privacy Policy shall be resolved according to the provisions intended in the Terms and Conditions.
12.3 If there are provisions or parts of this Privacy Policy that go against Applicable Law, cannot be applied or become invalid, then such provisions or parts will be considered deleted from this Privacy Policy and BukuPay will adjust those provisions so they can be implemented, whereby other provisions of this Privacy Policy will remain fully valid.
12.4 To the extent permitted by Applicable Law, in the event of a change of control or change of ownership over all or part of BukuPay's business, including the Platform, in connection with a merger, consolidation, acquisition, joint venture, transfer, bankruptcy, and/or other corporate actions, then your Personal Data can/will become part of the transfer based on such corporate action.